AB75-SSA1,1687,2311
938.357
(2r) Removal from foster home or physical custodian. If a hearing
12is held under sub. (1) (am) 2. or (2m) (b) and the change in placement would remove
13a juvenile from a foster home
, treatment foster home, or other placement with a
14physical custodian described in s. 48.62 (2), the court shall give the foster parent
,
15treatment foster parent, or other physical custodian an opportunity to be heard at
16the hearing by permitting the foster parent
, treatment foster parent, or other
17physical custodian to make a written or oral statement during the hearing or to
18submit a written statement prior to the hearing relating to the juvenile and the
19requested change in placement. A foster parent
, treatment foster parent, or other
20physical custodian who receives notice of a hearing under sub. (1) (am) 1. or (2m) (b)
21and an opportunity to be heard under this subsection does not become a party to the
22proceeding on which the hearing is held solely on the basis of receiving that notice
23and opportunity to be heard.
AB75-SSA1, s. 3312
24Section
3312. 938.357 (2v) (c) 2. of the statutes is amended to read:
AB75-SSA1,1688,5
1938.357
(2v) (c) 2. If a hearing is held under subd. 1., at least 10 days before
2the date of the hearing the court shall notify the juvenile, any parent, guardian, and
3legal custodian of the juvenile, and any foster parent
, treatment foster parent, or
4other physical custodian described in s. 48.62 (2) of the juvenile of the time, place,
5and purpose of the hearing.
AB75-SSA1,1688,167
938.357
(2v) (c) 3. The court shall give a foster parent
, treatment foster parent, 8or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
9subd. 2. an opportunity to be heard at the hearing by permitting the foster parent
,
10treatment foster parent, or other physical custodian to make a written or oral
11statement during the hearing, or to submit a written statement prior to the hearing,
12relevant to the issues to be determined at the hearing. A foster parent
, treatment
13foster parent, or other physical custodian who receives a notice of a hearing under
14subd. 2. and an opportunity to be heard under this subdivision does not become a
15party to the proceeding on which the hearing is held solely on the basis of receiving
16that notice and opportunity to be heard.
AB75-SSA1,1689,218
938.357
(4) (c) 1. If a juvenile is placed in a Type 2 juvenile correctional facility
19operated by a child welfare agency under par. (a) and it appears that a less restrictive
20placement would be appropriate for the juvenile, the department, after consulting
21with the child welfare agency that is operating the Type 2 juvenile correctional
22facility, may place the juvenile in a less restrictive placement, and may return the
23juvenile to the Type 2 juvenile correctional facility without a hearing under sub. (1)
24(am) 2. The
child welfare agency shall establish a rate for each type of placement
1shall be established by the department of children and families, in consultation with
2the department, in the manner provided in s. 49.343.
AB75-SSA1,1689,164
938.357
(4) (c) 2. If a juvenile is placed in a Type 2 residential care center for
5children and youth under s. 938.34 (4d) and it appears that a less restrictive
6placement would be appropriate for the juvenile, the child welfare agency operating
7the Type 2 residential care center for children and youth shall notify the county
8department that has supervision over the juvenile and, if the county department
9agrees to a change in placement under this subdivision, the child welfare agency may
10place the juvenile in a less restrictive placement. A child welfare agency may also,
11with the agreement of the county department that has supervision over a juvenile
12who is placed in a less restrictive placement under this subdivision, return the
13juvenile to the Type 2 residential care center for children and youth without a
14hearing under sub. (1) (am) 2. The
child welfare agency shall establish a rate for each
15type of placement
shall be established by the department of children and families,
16in consultation with the department, in the manner provided in s. 49.343.
AB75-SSA1,1690,918
938.357
(6) Duration of order. No change in placement may extend the
19expiration date of the original order, except that if the change in placement is from
20a placement in the juvenile's home to a placement in a foster home,
treatment foster
21home, group home, or residential care center for children and youth or in the home
22of a relative who is not a parent, the court may extend the expiration date of the
23original order to the date on which the juvenile attains 18 years of age, to the date
24that is one year after the date of the change in placement order, or, if the juvenile is
25a full-time student at a secondary school or its vocational or technical equivalent and
1is reasonably expected to complete the program before attaining 19 years of age, to
2the date on which the juvenile attains 19 years of age, whichever is later, or for a
3shorter period of time as specified by the court. If the change in placement is from
4a placement in a foster home,
treatment foster home, group home, or residential care
5center for children and youth or in the home of a relative to a placement in the
6juvenile's home and if the expiration date of the original order is more than one year
7after the date of the change in placement order, the court shall shorten the expiration
8date of the original order to the date that is one year after the date of the change in
9placement order or to an earlier date as specified by the court.
AB75-SSA1,1690,2011
938.363
(1) (b) If a hearing is held, the court shall notify the juvenile, the
12juvenile's parent, guardian, and legal custodian, all parties bound by the
13dispositional order, the juvenile's foster parent
, treatment foster parent, or other
14physical custodian described in s. 48.62 (2), and the district attorney or corporation
15counsel in the county in which the dispositional order was entered at least 3 days
16prior to the hearing. A copy of the request or proposal shall be attached to the notice.
17If all parties consent, the court may proceed immediately with the hearing. No
18revision may extend the effective period of the original order, or revise an original
19order under s. 938.34 (3) (f) or (6) (am) to impose more than a total of 30 days of
20detention, nonsecure custody, or inpatient treatment on a juvenile.
AB75-SSA1,1691,722
938.363
(1m) Evidence and statements. If a hearing is held under sub. (1) (a),
23any party may present evidence relevant to the issue of revision of the dispositional
24order. In addition, the court shall give a foster parent
, treatment foster parent, or
25other physical custodian described in s. 48.62 (2) of the juvenile an opportunity to be
1heard at the hearing by permitting the foster parent
, treatment foster parent, or
2other physical custodian to make a written or oral statement during the hearing, or
3to submit a written statement prior to the hearing, relevant to the issue of revision.
4A foster parent
, treatment foster parent, or other physical custodian who receives
5notice of a hearing under sub. (1) (a) and an opportunity to be heard under this
6subsection does not become a party to the proceeding on which the hearing is held
7solely on the basis of receiving that notice and opportunity to be heard.
AB75-SSA1,1691,149
938.365
(2) Notice. No order may be extended without a hearing. The court
10shall notify the juvenile or the juvenile's guardian ad litem or counsel, the juvenile's
11parent, guardian, legal custodian, all of the parties present at the original hearing,
12the juvenile's foster parent
, treatment foster parent or other physical custodian
13described in s. 48.62 (2), and the district attorney or corporation counsel in the county
14in which the dispositional order was entered of the time and place of the hearing.
AB75-SSA1, s. 3320
15Section
3320. 938.365 (2m) (ad) 2. of the statutes is amended to read:
AB75-SSA1,1691,2016
938.365
(2m) (ad) 2. If a hearing is held under subd. 1., at least 10 days before
17the date of the hearing the court shall notify the juvenile, any parent, guardian, and
18legal custodian of the juvenile, and any foster parent
, treatment foster parent, or
19other physical custodian described in s. 48.62 (2) of the juvenile of the time, place,
20and purpose of the hearing.
AB75-SSA1,1692,622
938.365
(2m) (ag) The court shall give a foster parent
, treatment foster parent, 23or other physical custodian described in s. 48.62 (2) who is notified of a hearing under
24par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the
25foster parent
, treatment foster parent, or other physical custodian to make a written
1or oral statement during the hearing, or to submit a written statement prior to the
2hearing, relevant to the issue of extension. A foster parent
, treatment foster parent, 3or other physical custodian who receives notice of a hearing under par. (ad) 2. or sub.
4(2) and an opportunity to be heard under this paragraph does not become a party to
5the proceeding on which the hearing is held solely on the basis of receiving that notice
6and opportunity to be heard.
AB75-SSA1,1692,198
938.365
(5) Duration of extension. Except as provided in s. 938.368, an order
9under this section that continues the placement of a juvenile in his or her home or
10that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified
11length of time not to exceed one year after its date of entry. Except as provided in s.
12938.368, an order under this section that continues the placement of a juvenile in a
13foster home,
treatment foster home, group home, or residential care center for
14children and youth or in the home of a relative other than a parent shall be for a
15specified length of time not to exceed the date on which the juvenile attains 18 years
16of age, one year after the date on which the order is granted, or, if the juvenile is a
17full-time student at a secondary school or its vocational or technical equivalent and
18is reasonably expected to complete the program before attaining 19 years of age, the
19date on which the juvenile attains 19 years of age, whichever is later.
AB75-SSA1, s. 3323
20Section
3323. 938.371 (1) (intro.) of the statutes is amended to read:
AB75-SSA1,1693,621
938.371
(1) Medical information. (intro.) If a juvenile is placed in a foster
22home,
treatment foster home, group home, residential care center for children and
23youth, or juvenile correctional facility or in the home of a relative other than a parent,
24including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38
25(1) (a), that placed the juvenile or arranged for the placement of the juvenile shall
1provide the following information to the foster parent,
treatment foster parent, 2relative, or operator of the group home, residential care center for children and
3youth, or juvenile correctional facility at the time of placement or, if the information
4has not been provided to the agency by that time, as soon as possible after the date
5on which the agency receives that information, but not more than 2 working days
6after that date:
AB75-SSA1,1693,148
938.371
(1) (a) Results of a test or a series of tests of the juvenile to determine
9the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products
10of HIV, or an antibody to HIV, under s. 252.15 (5) (a) 19., including results included
11in a court report or permanency plan. At the time that the test results are provided,
12the agency shall notify the foster parent,
treatment foster parent, relative, or
13operator of the group home, residential care center for children and youth, or juvenile
14correctional facility of the confidentiality requirements under s. 252.15 (6).
AB75-SSA1, s. 3325
15Section
3325. 938.371 (3) (intro.) of the statutes is amended to read:
AB75-SSA1,1694,316
938.371
(3) Other information. (intro.) At the time of placement of a juvenile
17in a foster home,
treatment foster home, group home, residential care center for
18children and youth, or juvenile correctional facility or in the home of a relative other
19than a parent or, if the information is not available at that time, as soon as possible
20after the date on which the court report or permanency plan has been submitted, but
21no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a),
22responsible for preparing the juvenile's permanency plan shall provide to the foster
23parent,
treatment foster parent, relative, or operator of the group home, residential
24care center for children and youth, or juvenile correctional facility information
25contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or
1permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or
2opinions of the court or agency that prepared the court report or permanency plan
3relating to any of the following: